New Criminal Laws Would Produce Positive Impact Only If Infrastructure Development & Capacity Building Are Done : CJI DY Chandrachud

Chief Justice of India DY Chandrachud, while speaking at a conference today (April 20), underscored that the new criminal laws will only bring positive changes if the required investments for infrastructure development and capacity building of forensic experts and investigating officers are made "as soon as possible."

CJI was essentially stressing the urgency of investment in the infrastructure of India's criminal justice system. Elaborating, he said that there is a need for the necessary infrastructure to be in place so that our country can fully benefit from the changes brought in by the new criminal laws. In this context, he also opined that there is a need to invest in training for forensic experts and investigators and our court system.

“While the new criminal laws create provisions which are synchronised to our times, we must also ensure that the infrastructure accompanying these procedures are developed adequately for the country to reap the benefits of the new laws. This naturally means that we must heavily invest in capacity building of our forensic experts, conduct training of investigating officers, and invest in our court system. Key provisions of the new criminal law would only produce a positive impact if these investments are made as soon as possible.”

He illustrated the same by sharing how Bharatiya Nagarik Suraksha Sanhita, 2023, (BNSS) provides that the criminal trials should be completed within three years and judgments must be delivered within 45 days of reserving it.

“However, if the court infrastructure and the prosecution lack material resources to harness technology and conduct an efficient and speedy trial then the guarantees of the BNSS may run the risk of becoming merely directory and unimplementable.,” CJI added.

CJI gave his inaugural address at a conference organised by the Ministry of Law and Justice on "India's Progressive Path in the Administration of Criminal Justice System." This initiative was taken to generate awareness about the new enactments - Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS) and Bharatiya Sakshya Adhiniyam (BSA), which will replace the Indian Penal Code, Code of Criminal Procedure and the Indian Evidence Act with effect from July 1, 2024.

At the outset, he opined that the new criminal laws “signify a watershed moment for our society”. Adding to this, he said that India is set for a significant overhaul of its criminal justice system and then went on to talk about the improvements introduced by these newly enacted criminal laws.

Much needed improvements have been introduced to protect victim interests and carry out the investigation and prosecution of offences efficiently, he said.  Elaborating on the second part, CJI also shared how BNSS mandates the audio-visual recording of search and seizures and the presence of forensic experts at crime scenes.